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Petitioner: MEEZAN BANK LIMITED VS Respondent: DEWAN SALMAN FIBRES LIMITED
Court Name: Sindh High Court Judge(s): Muhammad Ali Mazhar Title: MEEZAN BANK LIMITED vs DEWAN SALMAN FIBRES LIMITED Case No.: Suit No,166 of 2009 and C.M.As. Nos.1393, 10552 and 10553 of 2010 Date of Judgment:2010-10-15 Reported As: 2011 CLD 265 Result: Order accordingly
Judgment ORDER ' MUHAMMAD ALI MAZHAR, J.--- While hearing the leave to defend application learned counsel for the plaintiff drawn the attention of this court to the Paragraph of 26 of the leave to defend application, in which the defendant has admitted the liability in the sum of Rs,165,267,526.95. Learned counsel for the plaintiff submits that he will be satisfied, if interim decree is passed for the admitted amount of liability. Learned counsel for the defendant has also no objection for passing interim decree for the aforesaid admitted amount and he further prays that his leave to defend application may be allowed. By consent of the learned counsel, leave to defend application is allowed and the same is converted into written statement. Office is directed to prepare interim decree accordingly. Both the learned counsel make a request that in order to resolve the controversy it would be appropriate to appoint Chartered Accountant and they jointly suggested the name of Messrs Ilaroon Zakria and Co., Office at Room No,21, 2nd Floor: Progressive Plaza, Plot No,5- CL-10, Civil Lines Quarters, Beamount Road, Karachi. ' By consent Messrs Haroon Zakria & Co. Is appointed Commissioner. The Comrnissiooner's fee shall be Rs,1 lac, which will be paid by both the parties equally. Parties will! Supply their respective financial statements/documents relating to the financial facility involved in this case to the Commissioner, who will examine and determine the actual liability to be paid by the defendant to the plaintiff. This exercise should be completed within three months. After filing of report by the Commissioner the parties will be allowed to file their objections if any, and also file their proposed issues if required. ' In view of the above the leave to defend application is disposed of.